APGovCH.9 Flashcards
Lame duck
An executive or legislature during the period just before the end of the term of office, when its power influence are considered to be diminished
Lame duck refers to getting little done during presidency.
Jurisdiction
Authority vested in a particular court to hear and decide the issues in a particular case
jurisdiction is basically the type of cases the court cam hear.
Original jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.
original jurisdiction is the authority to hear disputes as a trail case.
Appellate jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court
appellate jurisdiction is the courts ability to review or revise a case that was been determined in a trial case.
Federalist no. 78
A Federalist Papers essay authored by Alexander Hamilton that covers the role of the federal judiciary, including the power of judicial review
the independence of judges was argued in federalist #78
Judiciary Act of 1789
Legislative act that establishes the basic three-tiered structure of the federal court system
The Judiciary act is the one that laid out the 3 layered courts system.
John Jay
A member of the Founding generation who was the first Chief Justice of the United States. A diplomat and a co-author of The Federalist Papers
John jay was appointed by George Washington.
Whiskey Rebellion
A civil insurrection in 1794 that was put down by military force by President George Washington, thereby confirming the power of the new national government
A tax on whiskey enough to start a whiskey rebellion?
Chisholm v. Georgia
A Supreme Court case that allowed US citizens to bring a lawsuit against states in which they did not reside; overturned by the Eleventh Amendment in 1789.
Chisholm v. Georgia is where the national government shut the federalist up.
Eleventh Amendment
An amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state or country
The eleventh amendment is the product of the challenging of the states authority.
John Marshall
The longest-serving Supreme Court Chief Justice, Marshall served from 1801 to 1835. Marshall’s decision in Marbury v. Madison established the principle of judicial review in the US
John Marshall brought more respect to the court.
Judicial Review
Power of the courts to review acts of other branches of government and the states.
Judicial review came from John Marshall.
Marburg v. Madison
Case in which the Supreme Court first asserted the power of judicial review by finding that part of the congressional statute extending the Court’s original jurisdiction was unconstitutional
once again John Marshall swept this one in favor of the constitutions superiority.
Trial court
Court of original jurisdiction where cases begin
Trail courts are at the bottom of the three tiered system.
Appellate court
Court that generally reviews only findings of law made by lower courts
Appellate courts are in the middle of the three tiered system.
Constitutional courts
federal courts specifically created by the U.S. constitution or by congress pursuant to its authority in Article III
Constitutional courts are also called article III courts.
Legislative courts
Courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims
legislative courts come fro congress’ implied powers.
Brief
A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial
Briefs are always submitted in trial courts.
Precedent
A prior judicial decision that serves as a rule for setting subsequent cases of a similar nature
precedents- rules for settling subsequent cases.
stare decisis
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases
stare decisis is based off of past courts that seem similar to original court.
senatorial courtesy
A process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection
“senatorial courtesy” yeah right.
Sandra Day O’Connor
An Associate Justice of the Supreme Court from 1981-2005 who was appointed by President Ronald Reagan as the first woman to serve on the Court
“you have to be lucky”
-Sandra Day O’Conner.
Elena Kagan
An Associate Justice of the Supreme Court, appointed by President Barack Obama in 2009 while she was serving as solicitor general in his administration
Elena Kagan already had prior court experiences.
writ of certiorari
a request for the supreme court to order up the records from a lower court to review the case
nearly all appellate cases that ave reached the supreme court have been due two writ of certiorari.
Rule of Four
At least four justices of the Supreme Court must vote to consider a case before it can be heard
the decision process ends with the rule of 4.
solicitor general
The fourth-ranking member of the Department of Justice; responsible for handling nearly all appeals on behalf of the US government to the Supreme Court
the solicitor general’s staff resembles a small law firm.
amicus curiae
Friend of the court; amici may file briefs or even appear to argue their interests orally before the court
amicus curiae is heard by the court at least 50% ot of all cases.
Plurality opinion
A type of judicial opinion, the reasoning of which is agreed to by fewer than a majority of judges on a court; although it resolves the particular case, the opinion does not establish a binding precedent
plurality opinion attract the attention of 3-4 justices.
concurring opinion
A type of judicial opinion issued by a minority of judges on a court who agree with the outcome of a case, but wishes to express different legal reasoning
concurring opinion is like a repeal.
dissenting opinion
A type of judicial opinion issues by a minority of judges on a court who disagree with the outcome of a case and wish to explain their legal reasoning
even if disputed dissenting options tend to have little legal value.
judicial restraint
A philosophy of judicial decision making that posits courts should allows the decisions of other branches of government to stand, even when they offend a judge’s own principles
im tired of writing all of these sentences, dos it even help to include judicial restraint in the sentence.
Judicial activism
A philosophy of judicial decision making that posits judges should use their power broadly to further justice
4 more sentences to go, why did we ever have to write these sentences, judicial activism.
strict constructionist
an approach to constitutional interpretation that emphasizes the Framers’ original intentions
strict constructionist is when construction workers can only use 1 tool to build with.
judicial implementation
how and whether court decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit
judicial implementation is when blah blah blah sentences complete ;)
